Posted by terri on January 11, 2001 at 15:13:05:
In Reply to: lease renewal/www.nolo.com: DISAGREE-IS GOOD info posted by Dawn on January 11, 2001 at 13:27:15:
: terri wrote: nolo knows nothing about rent stabilization.
: hi terri -- i suggested in my post that nolo "may be useful", not an absolute. when i answered you the first time, i went to the site and checked and found the proper info there. also, nolo does has a search engine that goes by state and shows the statutes for each state that covers particular instances, such as rent stabilization, repairs, habitability, roommates, etc. please don't write nolo off. it takes a little digging and a little research and you'll be able to see what nolo has to offer.
nolo has a lot of good features. it does not have any info on rent stabilization, except for Auntie Nolo's misleading and/or incorrect answers to 3 questions. it does not even include stabilization/control laws in its list of NY housing laws. it does not provide a link or any other info about them. it does not provide a link or any info about DHCR. a guaranteed lease renewal (with only a couple of exceptions) is the most important feature of rent stabilization: it means one million families don't have to move every year at their landlords whim!.
: it appears that the landlord could turn around and offer her a completely new lease.
no, he can't. the renewal lease is required by law to be under the same terms as the original in rent stabiliaztion.
: i don't think you mentioned if she had originally gotten permission from her landlord for you to move in,
in NY state, we have a law that states that the landlord cannot prevent us (all tenants, rent stabilized or not) from having at least one unrelated roommate. it is (and was when it was just a bill) called The Roommate Law, in effect since 1983. Real Property Law, Sec. 235-f. Unlawful restrictions on occupancy.
2. It shall be unlawful for a landlord to restrict occupancy of
residential premises, by express lease terms or otherwise,
to a tenant or tenants or to such tenants and immediate
family. Any such restriction in a lease or rental agreement
entered into or renewed before or after the effective date
of this section shall be unenforceable as against public
: but if so, if she's worried about the money issue on her end, she can offer you as the replacement roommate. Then he can check your credibility as a tenant. He does have the right to reject you if he sees fit, however.
this is true enough: the landlord can refuse to add any non-spouse to a rent stabilized lease, for any or no reason at all.
: Either way, she could get a new lease.
her landlord is required by law to renew her lease. period. end of story.
: As far as her financial records being checked, the landlord may check them again, if only for the fact the living situation has changed and it's a completely new lease.
sure, the landlord can check them, but he cannot refuse to give her a rent stabilized renewal lease either because she refuses to give her consent to a credit check or because she fails one.
ps: although anyone can get a credit check on anyone at anytime for any reason, it is illegal to do so without the written permission of the person being checked. doesn't stop NYC landlords from doing it, one even committed trespass to obtain his long-term tenants SSI# to do so (he was arrested) ...
: If you two get along with the landlord and have had a cordial working relationship with the landlord (i.e., timely payment of rent, not a noise nuisance in the building, that kind of thing) he might be more flexible in working something out with you.
: i hope this helps. again, sometimes the best help is the help you go and get yourself. good luck, terri/kimmy!
thanks for trying to answer Kimmy, but please realize that rent control and rent stabilization are multi-layered complicated systems: do your research on TenantNet, DHCR, or RGB websites, not Nolo, on these subjects. use url's links...
motherload of NYC info:
rent stabilized rulers
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